On The Identification, Certification And Evaluation Mechanism Of The "social Danger" Of Arrest Conditions

Our current laws to determine whether the criminal suspect has the social risk and no detailed standards, resulting in the judicial practice, the lack of a clear legal basis in this paper, the main content is the analysis of social risk arrest conditions in our points identified, certificate and evaluation mechanism, to solve the "risk society" in the operation has no specific provisions in the judicial practice work which can lead to confusion, can also prevent any judicial staff to expand the interpretation of "risk society".This paper is divided into four main parts, the first part mainly introduces the meaning and characteristics of the "risk society", draw out the meaning of "risk society" defined; The second part, the author introduced in detail in article seventy-nine of the criminal procedure law of our country about social risk of the specific; The third part, the author based on the previous discussion, think our country should establish the arrest conditions "risk society" in the system, this part will be discussed in detail at home and abroad about the arrest conditions of proof standard, study of arrest proof standard in our country, and build the arrest conditions "risk society" the idea of the proof system; In the last part, the author puts forward to build the arrest conditions "social" risk assessment mechanism, in this part, from the main body of evaluation mechanism, procedure, relief program to illustrate the three aspects.